NRS
11.202 Actions for damages for injury or wrongful death caused by
deficiency in construction of improvements to real property.
1. No action may be commenced against the
owner, occupier or any person performing or furnishing the design, planning,
supervision or observation of construction, or the construction of an
improvement to real property more than 10 years after the substantial
completion of such an improvement, for the recovery of damages for:
(a) Except as otherwise provided in subsection 2,
any deficiency in the design, planning, supervision or observation of
construction or the construction of such an improvement;
(b) Injury to real or personal property caused by
any such deficiency; or
(c) Injury to or the wrongful death of a person
caused by any such deficiency.
2. Except as otherwise provided in this
subsection, an action may be commenced against the owner, occupier or any
person performing or furnishing the design, planning, supervision or
observation of construction, or the construction of an improvement to real
property at any time after the substantial completion of such an improvement,
for the recovery of damages for any act of fraud in causing a deficiency in the
design, planning, supervision or observation of construction or the construction
of such an improvement. The provisions of this subsection do not apply to any
lower-tiered subcontractor who performs work that covers up a defect or
deficiency in another contractor’s trade if the lower-tiered subcontractor does
not know, and should not reasonably know, of the existence of the alleged
defect or deficiency at the time of performing such work. As used in this
subsection, “lower-tiered subcontractor” has the meaning ascribed to it in NRS 624.608.
3. The provisions of this section do not
apply:
(a) To a claim for indemnity or contribution.
(b) In an action brought against:
(1) The owner or keeper of any hotel, inn,
motel, motor court, boardinghouse or lodging house in this State on account of
his or her liability as an innkeeper.
(2) Any person on account of a defect in a
product.
(Added to NRS by 1983,
1238; A 2015,
17; 2019,
2262)
Notes of Decisions
Somersett Owners Ass'n Vs. Somersett Dev. Co., Ltd., 2021 NV 35 (Nev. 2021).
· cites it 26× “But the Nevada Legislature has effected its judgment with regard to such suits—in the form of a statute of repose—that defendants like those SOA sued in the underlying action generally should The free from liability after the legislatively determined period of time." CTS Corp.…”
G & H Assocs. v. Ernest W. Hahn, Inc., 934 P.2d 229 (Nev. 1997).
· cites it 4× “205, NRS 11.202 is not a statute of repose and it authorizes bringing a claim for willful misconduct and fraudulent or intentional concealment of defects “at any time after the substantial completion” of the improvement to real property.”
Rose v. Fox Pool Corp., 643 A.2d 906 (Md. 1994).
“§ 25-223 (1989); Nev.Rev.Stat.Ann. §§ 11.202 to 11.206 (Michie 1986); N.”
Elley v. Stephens, 760 P.2d 768 (Nev. 1988).
· cites it 2× “They argue that NRS 11.202 4 generally provides that actions for injuries resulting from willful misconduct can be brought at any time, and that accordingly, this cause of action would not be barred by NRS 11.”
Nevada Power Co. v. Metro. Dev. Co., 765 P.2d 1162 (Nev. 1988).
· cites it 2× “Except as otherwise provided in NRS 11.202 and 11.203, no action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property more than…”
Wise v. Bechtel Corp., 766 P.2d 1317 (Nev. 1988).
“Except as otherwise provided in NRS 11.202 and 11.203, no action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction, of an improvement to real property more…”
Allstate Ins. v. Furgerson, 766 P.2d 904 (Nev. 1988).
“Except as otherwise provided in NRS 11.202 and 11.203, no action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction, of an improvement to real property more…”
Lotter v. Clark Cnty. Ex Rel. Bd. of Commissioners, 793 P.2d 1320 (Nev. 1990).
“Except as otherwise provided in NRS 11.202 and 11.203, no action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction, of an improvement to real property more…”
Panorama Towers Condo. Unit Owners' Ass'n Vs. Hallier, 2021 NV 67 (Nev. 2021).
· cites it 18× “: Appellant Panorama Towers Condominium Unit Owners' Association filed a construction defect claim against respondents (collectively, the Builders), which the district court concluded was time- barred under the NRS 11.202 statute of repose. The Association filed two motions to…”
— Nev. Rev. Stat. § 11.202(1) — 6 cases
G & H Assocs. v. Ernest W. Hahn, Inc., 934 P.2d 229 (Nev. 1997).
“205, NRS 11.202 is not a statute of repose and it authorizes bringing a claim for willful misconduct and fraudulent or intentional concealment of defects “at any time after the substantial completion” of the improvement to real property.”
Panorama Towers Condo. Unit Owners' Ass'n Vs. Hallier, 2021 NV 67 (Nev. 2021).
“: Appellant Panorama Towers Condominium Unit Owners' Association filed a construction defect claim against respondents (collectively, the Builders), which the district court concluded was time- barred under the NRS 11.202 statute of repose. The Association filed two motions to…”
— Nev. Rev. Stat. § 11.202(1)(c) — 1 case
— Nev. Rev. Stat. § 11.202(2) — 1 case
Somersett Owners Ass'n Vs. Somersett Dev. Co., Ltd., 2021 NV 35 (Nev. 2021).
“But the Nevada Legislature has effected its judgment with regard to such suits—in the form of a statute of repose—that defendants like those SOA sued in the underlying action generally should The free from liability after the legislatively determined period of time." CTS Corp.…”
— Nev. Rev. Stat. § 11.202(3)(b)(2) — 1 case
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